Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

KESATUAN KEBANGSAAN PEKERJA-PEKERJA PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU v. ISUZU HICOM MALAYSIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FRANKLIN GOONTING
EMPLOYEES’ PANEL: PREM KUMAR APPUKUTTY
EMPLOYERS’ PANEL: ANANDARAJU MOOKKAPILLAI
AWARD NO. 2713 OF 2019 [CASE NO: 28(21)/2-1586/17]
14 OCTOBER 2019


K SAKTHIASEELAN KUMARAVELOO v. POLIKLINIK DAN SURGERI SEMARAK (AKER SOLUTION IN-HOUSE CLINIC)
INDUSTRIAL COURT, KUALA LUMPUR
P IRUTHAYARAJ D PAPPUSAMY
AWARD NO. 2845 OF 2019 [CASE NO: 24(19)/4-2287/18]
30 OCTOBER 2019

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Article Highlight

NEW MINIMUM WAGE GAZETTED
Employment
RM1,200 minimum wage gazetted
The controversial RM1,200 minimum wage has been gazetted and will officially encompass 56 city and municipal council areas from Feb 1. The gazette was released by the Human Resources Ministry on Jan 10 under the Minimum Wages Order 2020.It states that the minimum wage rate payable to an employee who works within the 16 city councils and 40 municipal councils will be RM5.77 an hour or RM1,200 monthly.The rates payable for a four-, five- and six-workday week will be RM69.23, RM55.38 and RM46.15 respectively. The gazette states that the minimum wage rates payable for those outside the listed areas will be RM5.29 an hour or RM1,100 per month, with the rates payable for a four-, five- and six-workday week being RM63.46, RM50.77 and RM42.31 respectively.

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FOREIGN WORKERS ALSO ENTITLED TO SOCSO PROTECTION – MINISTER
Employment
Foreign workers protected under Socso scheme
Employers who hire foreign workers will be strictly monitored to ensure that their foreign workers would also be protected under the Social Security Organisation (Socso) scheme, effective from Jan 1 this year, says Minister of Human Resources M Kulasegaran. “When the federal government decided to extend the Socso coverage to all foreign workers (effective) from that date, the implementation was more of a ‘soft landing’, with the employers encouraged to contribute to their foreign workers,” he told reporters during a press conference at the Socso office here yesterday. He said this was the government’s strategy to put foreign workers under the ‘protection radar’.

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Global Media Reports

MALAYSIA

Workers should file complaint if employers violate labour law
The Sun Daily | 14-Jan-2020
KUALA LUMPUR: Workers who are aggrieved of their employers’ action which violates any provisions under the labour law should present themselves to the...

No compromise on social compliance audit report — Kula Segaran
Borneo Post | 14-Jan-2020
MIRI: The Human Resources Ministry will not compromise with errant business owners who fail to submit their social compliance audit report when the la...

ASEAN

Myanmar leads ASEAN on child rights and protection
Myanmar Times | 14-Jan-2020
In November, the parliament approved the ratification of the International Labour Organization’s Minimum Age Convention No 138. The 18-article convent...

Singapore fake news law to face legal challenge
Asean Economist | 14-Jan-2020
The Singapore Democratic Party (SDP) was ordered in December to put government notices stating that a piece contained false information on its website...

WORLD

LLC, Others to Petition Legislature to Amend Current Labor Law
Librarian Observer | 14-Jan-2020
Authorities at the Liberia Labor Congress (LLC), in collaboration with key Civil Society Organizations (CSOs) including Trade Union Institutions, will...

In Malta, Son of Ex-President Is Chosen as Prime Minister
NY Times | 14-Jan-2020
Robert Abela will replace Joseph Muscat, who is stepping down as close associates of his have come under scrutiny after the killing of a journalist....

See all previous Global Media Reports

New! LLB Bulletin #01/2020